Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Albert F. Ford, No. B-233195.
Louis S. Rulli, of Counsel, Dirk Forrister, for petitioner.
James K. Bradley, Associate Counsel, with him, Charles G. Hasson, Acting Deputy Chief Counsel, for respondent.
President Judge Crumlish, Jr., Judge Rogers, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Rogers. Judge Barry did not participate in the decision in this case.
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Albert Ford has filed a petition for review of an order of the Unemployment Compensation Board of
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Review declaring him ineligible for compensation because he had voluntarily left his work on a ship without cause of a necessitous and compelling nature.
The petitioner was a wiper, that is, a person whose duty it was to remove dirt and grease from engines and engine rooms. He had worked only eighteen days for this employer when the events of this case occurred.
The petitioner testified that on the morning of February 3, 1984, the ship's captain told him to clean the generator and fan rooms but he did not get to this work because he had to make the crew's coffee. The ship's captain made an inspection below decks and saw that the petitioner had failed to wipe down the generator and fan rooms. Later the same day, the ship docked in New Haven, Connecticut and the petitioner left ship. He filed a claim for compensation in which he reported to the Office of Employment Security that he had to quit his work or the captain would have fired him. His employer reported that he had quit. The OES, a referee after a hearing, and the Board of Review concluded that the petitioner had quit.
The petitioner successively testified as follows: He [the captain] told me, I didn't do the fan room and the generator room . . . you're fired.
Q. Alright [sic] so, did you quit or ...